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We found 2,772 results for "Product Liability Law & Strategy"...

Eliminating Willfulness as a Prerequisite to Recovering an Infringer's Damages in Dilution Cases
June 01, 2020
Romag Fasteners, Inc. v. Fossil, Inc. The Supreme Court, settling a circuit split, held that, although highly important, willfulness is not a prerequisite for a trademark infringement plaintiff to obtain a profits award.
Defending FCA Actions Related to Pandemic Programs
June 01, 2020
With the federal government appropriating more than $2 trillion for businesses affected by the COVID-19 pandemic, plaintiffs' lawyers, regulators and politicians have trumpeted the search for whistleblowers — many of whom will try to cash in on perceived fraud in the funding programs created by the CARES Act and other enactments.
Real Property Law
June 01, 2020
Conditional Payments Do Not Restart Statute Of Limitations On Foreclosure Action Questions of Fact About Purchasers' Good Faith In Making Mortgage Applications Questions of Fact Remain on Implied Easement Claims Presumption of Hostility Supports Adverse Possession Claim Questions of Fact Remain About County's Liability for Fuel Oil Discharge
Defending FCA Actions Related to Pandemic Programs
May 22, 2020
There will likely be some fraud in connection with the pandemic-related programs that should be pursued by the DOJ and the Inspectors General, who have said they will keep close eyes on these programs. They will have no shortage of targets, given the many recipients of government funds, and the breadth of the requisite certifications.
Bankruptcy Asset Sales During COVID-19 Crisis
May 01, 2020
The COVID-19 pandemic is already leaving its mark on the bankruptcy asset sale landscape. Despite the uncertainty — or even because of it — bankruptcy should still be viewed as a useful tool to effectuate the acquisition of assets. The current situation and anticipated distress across many industries presents opportunities for purchasers to acquire assets on favorable terms.
Federal Crackdown on Hoarding and Gouging During COVID-19 Crisis
May 01, 2020
Storage and Hauling Companies Take Note Imagine that it's Spring 2020 and you run a warehousing company and you discover that your warehouse contains containers of goods that could help combat the spread of the COVID-19 virus — masks, medical gowns, gloves or other personal protective equipment (PPE). Or imagine you own a trucking company and learn that your drivers are delivering pallets of hand sanitizer and disinfectants to a residential address. What, if any, liability might you have if it turns out a customer is hoarding PPE?
Defending Suits Brought By Copyright Trolls
May 01, 2020
An overview of copyright troll litigation and explores potential litigation strategies for responding to troll cases.
A Primer on Rights in Video Game Avatars
April 01, 2020
Recent lawsuits have grappled with the fair use of one's likeness in video games, attempting to apply established order to a changing field.
Asset Protection, Pre-Bankruptcy Planning and Code §727(a)(2)(A)
April 01, 2020
This article examines asset protection and pre-bankruptcy planning and its impact on a debtor's discharge through Bankruptcy Code §727(a)(2)(A).
Legal Tech: Will the U.S. Become a Haven for International Discovery Under Section 1782?
April 01, 2020
Second and Eleventh Circuit rulings are likely to expand refuge to discovery in the U.S., even for international litigation and arbitrations that don't ordinarily include discovery rights.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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